Lost Profit Damages Litigation: Recent Trends, Developments, and Defense Strategies Explored

2021-07-18T21:51:39-04:00

The lost profit damages litigation landscape unceasingly shifts as emerging trends and court rulings continue to reshape the current paradigm. Notably, the economic disruption brought by the COVID-19 pandemic further complicates the calculation of damages, particularly for claims involving breach of contract or business interruption insurance.

State Sales Tax: Trends and Updates Since South Dakota v. Wayfair

2021-07-12T05:36:01-04:00

In 2018, the U.S. Supreme Court ruled in favor of the state in South Dakota v. Wayfair, Inc. The decision has overruled a long-standing standard allowing states to charge remote sellers for in-state transactions. Consequently, several states have adopted new rules that specify what sets out a tax duty on sales and usage, known as nexus. They have also started to expand the economic nexus standard sanctioned in Wayfair beyond sales tax systems, introducing economic nexus provisions for corporate income taxes.

Combatting Antitrust Misconduct in Government Procurement: Regulatory and Enforcement Developments

2021-07-28T05:58:49-04:00

In its continued effort to deter anticompetitive conduct and other violations affecting government procurement, the U.S. Department of Justice (DOJ) created the Procurement Collusion Strike Force in 2019. It is comprised of state and federal investigators and prosecutors mandated to investigate and prosecute all types of procurement collusions and other similar misconduct in government purchasing and programs.

The ITC Section 337 Investigations: Trends, Development, and Issues

2021-05-17T06:37:30-04:00

Patent investigations brought under International Trade Commission (ITC) have seen an upward trend in recent years. Consequently, as several types of products and components are imported in the U.S., an increase in patent litigation is also expected – a scenario that may put a large number of U.S. companies and their consumers at risk.

Trends and Developments in Distressed Debt, Restructurings and Workouts: Best Practices to Avoid Risk Issues

2021-06-09T23:12:52-04:00

In today's ever-evolving market economy, proper financial planning and effective risk prevention practices for businesses have been more crucial than ever. With distressed debts becoming more rampant, workouts and restructuring measures should be given more focus. Furthermore, significant court rulings under Chapter 11 of the bankruptcy code must also be followed to avoid future litigation that could result in claw-backs and fraud claims.

The Foreign Account Tax Compliance Act (FATCA): Regulatory Trends and Compliance Issues in 2020

2021-05-11T03:57:00-04:00

The Foreign Account Tax Compliance Act (FATCA) landscape has been evolving in recent years. With the Internal Revenue Service’s (IRS’) and the U.S. Treasury Department’s continuous efforts to clamp down tax evasion and other criminal activities, complex reporting requirements have been instituted and several FATCA guidance have been released. Thus, significantly shaping this area of law.

Federal Tax Controversy in 2020: Preparing for IRS Enforcement Initiatives

2021-05-11T01:30:30-04:00

The shifting regulatory paradigm and emerging developments in federal tax laws confront companies with increased scrutiny on their tax planning practices. As the U.S. International Revenue Service (IRS) intensifies its enforcement initiatives, compliance has become more challenging and complex than ever. Thus, making companies more vulnerable to tax controversies. Failure to address and mitigate potential tax issues could mean hefty penalties. 

Transfer Pricing Regulation in the 2020 Landscape: Maximizing Opportunities and Overcoming Challenges

2021-05-10T21:54:36-04:00

Transfer pricing presents notable challenges and opportunities for multinational entities. Significantly, the rising disputes and sweeping impact of recent tax reforms have continuously reshaped its regulatory landscape and resulted in an intensified scrutiny. However, with a keen understanding of and proper compliance with the rules, transfer pricing can be substantial in positioning a business both locally and globally.

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